Manuscript Title

Justice, Legal Certainty, and Governance: Reforming the Settlement of Duplicate Land Certificate Disputes

 

Author(s)

Faisal Florentinus Napitulu, Yos Johan Utama, Ana Silviana

 

Published: 23-02-2026

 

About The Author(s):

1. Faisal Florentinus Napitulu - Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

2. Yos Johan Utama - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

3. Ana Silviana - Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.

 

Abstract

This study aims to analyze whether the current Indonesian legal framework has guaranteed legal certainty and fairness in the dispute resolution of duplicate land certificates reviewed from the theory of the state of law, as well as to formulate a governance reform model that can strengthen a fair and legally definitive dispute resolution mechanism. This research uses a normative legal method with limited legislative, conceptual, case, and comparative approaches. Primary legal materials are in the form of laws and regulations and court decisions, supported by secondary legal materials from national and international literature and journals. The results of the study show that normatively the Indonesian legal framework has contained the principles of the rule of law, such as the rule of law, the principle of legality, the protection of property rights, an independent judicial mechanism, and an administrative supervision system. However, in practice, there are still weaknesses in the implementation aspect, including inconsistencies in administrative verification procedures, overlapping judicial authority, weak internal supervision, and not being optimally integrated with the land information system. This condition causes legal certainty and substantive justice to not be fully guaranteed; The governance reform model is integrative and systemic, including standardization of national procedures, integration of digital-based land databases, strengthening audits and supervision, affirmation of judicial competence, protection of parties in good faith, and state compensation schemes for administrative errors. Reform must also be supported by increasing the capacity and integrity of the land apparatus as well as a continuous evaluation mechanism. With this approach, the dispute resolution of duplicate land certificates is expected to be able to provide a guarantee of legal certainty and justice that is more effective within the framework of the modern state of law.

 

Keywords

Justice, Certainty, Law, Governance, Reform, Dispute Resolution, Certificates, Land, Duplicate.

Full Text PDF
Download File